The probate process and terminology will differ depending on which country it is being carried out in and also whether there is a Will or not.
When there is a Will
The main actions that the executor will need to carry out are to:
Understanding the probate process
Write to all the asset and liability holders in the estate requesting confirmation of the value of the assets and liabilities of the deceased at the date of death and of any income received in the last year
Establish if the estate is solvent
Establish if there is sufficient money to meet all legacies in full - if not, deal with the subsequent problems
Complete form IHT 200 if the estate is subject to inheritance tax
Arrange funds or a loan to pay probate fees and inheritance tax
Complete and return all forms to the Probate Registry (Sheriff Clerk in Scotland)
Receive the grant of probate (‘confirmation' in Scotland)
Place the statutory advertisement for creditors and other claimants subject to the requirements of the particular country (this does not apply in Scotland, where instead the executors must obtain a Bond of Caution)
Present the grant of probate/confirmation to the appropriate authorities
Collect all the assets due to the estate (‘in-gather' the estate in Scotland)
If the district valuer has not agreed with the valuation of the property, negotiate a new value and arrange payment of the extra tax
Complete the income tax forms and capital gains tax forms for the period of administration
Apply for form 30 and obtain the inheritance tax discharge certificate
Release sufficient cash to pay all debts
Where relevant, complete stock and share transfer forms and draft an assent for the house
If there has been a claim under the Inheritance (Provision for Family and Dependants) Act 1975, deal with the claim (this does not apply to Scotland)
Prepare the estate accounts
Administer any trusts or life interests created within the will or statute
Obtain approval of the estate accounts and distribute the assets to the beneficiaries of the Will
When there is not a Will (intestate) in England and Wales
If the person died intestate, you can see an overview of how the estate needs to be distributed by clicking on the document below.
If the person died intestate, you can see an overview of how the estate needs to be distributed by clicking on the document below.
There are differences in intestacy rules between countries. For instance, there are no life interests created in Northern Ireland and in Scotland, close relatives have more automatic inheritance rights.
‘Small estates' in Scotland
In Scotland the rules are simplified for estates with a total (gross) value of less than £30,000.
Page Last Updated : 26/02/08